S.M.Kamaluddin v. Shaheen Begum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM

THE HONOURABLE THIRU JUSTICE A.D.JAGADISH CHANDIRA C.R.P.Nos.2795, 848 and 849 of 2024 and CMP Nos.14845, 4189 and 4191 of 2024 S.M.Kamaluddin .... Petitioner in CRP No.2795 of 2024 and Respondent in CRP Nos.848 & 849 of 2024 vs Shaheen Begum ... Respondent in CRP No.2795 of 2024 and Petitioner in CRP Nos.848 & 849 of Prayer in CRP No.2795 of 2024:

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside partly the order passed by the learned I Additional Sessions Judge, City Civil Court, Chennai dated 14.02.2024 in Crl.A.No.221/2022 in CMP No,9924 of 2022 in D.V.C.No.52 of 2022.

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Prayer in CRP No.848 of 2024:

Civil Revision Petition filed under Article 227 of the Constitution of India against the common order dated 14.02.2024 made in Crl.A.No.193 of 2023 in Crl.M.P.No.10154 of 2022 in D.V.C.No.52 of 2022 on the file of I Additional Sessions Judge, City Civil Court, Chennai.

Prayer in CRP No.849 of 2024:

Civil Revision Petition filed under Article 227 of the Constitution of India against the common order dated 14.02.2024 made in Crl.A.No.221 of 2022 in Crl.M.P.No.9924 of 2022 in D.V.C.No.52 of 2022 on the file of I additional Sessions Judge, City Civil Court, Chennai.

For Petitioner in : Mr.Raj Kumar Paul CRP No.2795/2024 & Respondent in CRP Nos.848 & 849 of 2024 For Petitioner in : Mr.M.Velmurugan CRP Nos.848 & 849 of 2024 & the Respondent in CRP.No.

C O M M O N O R D E R 2/8

These Civil Revisions Petitions have been filed to set aside partly the order passed by the learned I Additional Sessions Judge, City Civil Court, Chennai dated 14.02.2024 in Crl.A.No.221/2022 in CMP No,9924 of 2022 in D.V.C.No.52 of 2022( CRP No.2795 of 2024); against the common order dated 14.02.2024 made in Crl.A.No.193 of 2023 in Crl.M.P.No.10154 of 2022 in D.V.C.No.52 of 2022 on the file of I additional Sessions Judge, City Civil Court, Chennai (CRP No.848 of 2024) and against the common order dated 14.02.2024 made in Crl.A.No.221 of 2022 in Crl.M.P.No.9924 of 2022 in D.V.C.No.52 of 2022 on the file of I additional Sessions Judge, City Civil Court, Chennai.

2. Since all these matters arise out of matrimonial dispute between the parties, this Court, by order dated 12.08.2024 referred the matters to Mediation and directed the Director, Mediation and Conciliation Centre, High Court, Madras to appoint a Senior Mediator and also directed the parties to appear before the Senior Mediator on 19.08.2024 at 11.00 a.m along with their respective counsels.

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3. Accordingly, Mr.M.G.B.Jayakumar and Ms.R.Geetha Lingeswaran were appointed as Mediators and in mediation, the parties have arrived at an amicable settlement and in view of the settlement arrived, a Report dated 05.09.2024 has been filed by the Mediator. The Report filed by the Mediator reads as follows: " MEDIATION REPORT Mediation File No : 642/24 Court Case No : CRP Nos.2795, 848 & 849/2024 Referred By : Hon'ble Mr.ADJCJ Date of Referral : 12.08.24 Name of the Mediator(s) : M.G.B.Jayakumar and R.Geetha Lingeswaran Dates of Mediation Sessions:19/8/24,27/8/24,29/8/24 and 5/9/2024 Name of the Petitioner(s) : S.M.KAMALUDDIN Name of the Respondent(s) : SHAHEEN BEGUM Counsel for Petitioner(s) : RAJ KUMAR PAUL Counsel for Respondent(s): M.VELMURUGAN

1. Mediation Completed. Agreement Enclosed. \/ 2.Mediation completed. No agreement was reached. 3.Petitioner(s)/appellant(s)/plaintiff(s) only appeared. 4.Respondent(s)/Defendant(s) only appeared.

5.Both parties were absent consecutively for three 4/8

hearings. Mediation Could not be commenced.

Dated:5/9/2024 Signature of the Mediator(s)"

4. The settlement Agreement arrived at between the parties reads as follows:- " SETTLEMENT AGREEMENT This Settlement Agreement entered into on 05.09.2024 between S.M.Kamaludeen & Mrs.Shaheen Begum G.

WHEREAS 1.Disputes and differences had arisen between the Parties hereto and CRP Nos.2795/2024, 848/2024 and 849/2024 were filed on before the Hon'ble High Court.

2.The matter was referred to mediation/conciliation vide an order dated 12.08.2024 passed by His Lordship Mr.Justice A.D.JAGADISH CHANDIRA.

3. The parties agreed that M/s Jeyakumar & Geetha Lingeswaran their Mediator/Conciliator.

4. Several meetings were held during the process of Mediation/Conciliation from 19.08.2024 to 05.09.2024 and the parties have with the assistance of the Mediator/Conciliation voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

5. The parties hereto confirm and declare that they have 5/8

voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Concilator.

6. The following settlement has been arrived at between the Parties hereto:

a) Mr.S.M.Kamaludeen will not visit D.No.3/330 & 331 Alkasha Centre, Rajiv Gandhi Salai, Thoraipakkam, Chennai-600 097 and undertake not to make any claims or disturb her peaceful possession of the entire property.

b) Mr.S.M.Kamaludeen Mrs.Shaheen Begum G. undertake to withdraw cases against each other.

Family Court, Chennai

1) O.S.No.179/2022

2) G.W.O.P.No.833/2023 XVIII Metropolitan Magistrate Court, Saidapet, Chennai.

1) C.C.No.956/2024 2)C.C.No.3271/2023 3)D.V.C.No.52/2022 Addl. District Court, Chengalpattu 1.O.S.No.66/2023 F.I.R.Nos.

1. 98/2024 in Thoraipakkam Police Station

2. 99/2024 in Thoraipakkam Police Station All the pending complaints against both the parties shall be 6/8

withdrawn.

The Contempt Petition in Cont.P.2587/2024 and Crl.O.P.No.18776/2024 shall be withdrawn on the date of hearing by the counsel of S.M.Kamaludeen.

7) By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to CRP Nos.2795/2024, 848/2024, 849/2024 all three at Madras High Court and Crl.A.Nos.221/2022, 193/2022 both at First Addl.City Civil Court all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of conciliation/Mediation.

DATE:05/09/24

5. In the view of the settlement arrived at between the parties, all the Civil Revision Petitions are closed. The Settlement Agreement shall form part of these Civil Revision Petitions. No costs. Consequently, connected miscellaneous petitions are closed.

23.09.2024 sr Index:yes/no Website:yes/no 7/8

To The I Additional Sessions Judge, City Civil Court, Chennai.

A.D.JAGADISH CHANDIRA,J., sr C.R.P.Nos.2795, 848 and 849 of 2024 23.09.2024 8/8